Multiple Myeloma Caused by Railroad Work
Under FELA railroad workers are able to bring lawsuits to seek compensation for their injuries. To be successful, the injured party will need to prove that the railroad was negligent in causing the injury.
The evidence presented during the trial included testimony from a toxicologist, who used different studies and risk factors to prove that Harris's myeloma had been caused by his exposure to diesel exhaust.
Benzene Exposure
The exposure to benzene can be linked to a variety of hematopoietic malignancies that include Acute Myeloid Leukemia (AML), Acute Non-Lymphocytic Leukemia (ANLL) and Multiple Myeloma. According to the International Agency for Research on Cancer (IARC) the chemical the chemical is classified as a Group 1 carcinogen. The chemical is present in diesel fumes, and many railroad workers are exposed to it.
Additionally, certain railroad workers are exposed to benzene through cleaning products such as Safety-Kleen or CRC. These cleaning agents contain a specific benzene known as methylbenzene. When methylbenzene comes into contact with water, it's converted into a chemical called dioxin. Dioxins can cause lung cancer and other serious health problems.
Parker Waichman has represented railroad employees in personal injury lawsuits against their employers, under the FELA. For instance an award was made by a jury to a former Chicago and North Western Railroad worker $7.5 million for the diagnosis of acute myeloidleukemia following years of exposure to solvents and chemicals while working.
Another instance involved a plaintiff who was diagnosed with multiple myeloma after working as a railroad signal maintenance engineer for a period of time. He claimed that his illness was caused from exposure to diesel exhaust, as well as the benzene he encountered during his job. Prior to the commencement of trial, BNSF filed a motion for summary judgment based on the theory that plaintiff ought to have known that his cancer was due to his exposure to chemicals as well as environmental hazards while working for the railroad.
Creosote Exposure
Creosote, a poisonous chemical used to preserve wood has been linked to several cancers including skin cancer and scrotal cancer. Creosote is a common problem for railroad workers working on the maintenance and repair of railway ties. The National Toxicology Program has reported that those who handle creosote have a greater chance of developing cancer lethal than the general population.
In an upcoming court case, a railroad worker sued after being diagnosed with multiple myeloma. He claimed that his occupational exposure to diesel exhaust and other environmental hazards caused cancer. The court ruled the plaintiff was aware of the potential dangers he might suffer due to his job at the railroad and could have discovered about his injuries by conducting a diligent internet search when the diagnosis came in. Since he was not able to take this step his action is deemed to be time-barred.
In a different case, the railroad was able to win a defense decision in a suit filed in Philadelphia County by a former railroad employee. The plaintiff claimed that he developed bladder cancer as a result of his occupational exposure to secondhand smoke and other chemicals, like creosote or diesel exhaust.
Parker Waichman has also secured defense verdicts in the cases involving other types of cancers including lung and prostate cancer, which was brought by former railroad workers who claimed that their cancers stemmed from a lifetime of exposure to toxic chemicals on the job. The firm is ready to review the facts of your case and explain your options.
Asbestos Exposure
Railroad employees could be exposed to asbestos while working. Workers are exposed to asbestos when they work with railroad ties, repair or install railway gear or work on railroad ties. Asbestos exposure can result in mesothelioma and lung cancer as well as other ailments.
Ronald K. Harris, the plaintiff in a lawsuit filed against CSX Transportation claims that he was diagnosed with multiple myeloma as a result of his job at the railroad. According to the lawsuit, Harris worked for CSX Transportation at its Laredo rail yard on a regular basis. Harris breathed "harmful and toxic fumes, chemicals, and agents including but not limited to diesel exhaust, welding fumes and creosote.
We successfully represented our clients at an in-depth jury trial that lasted for two weeks, in which it was claimed that repetitive lifting and bending during work as trackmen caused herniated discs in the lumbar region, causing a 25% disability permanent resulting in lost wage and discomfort and pain. The railroad was not found to be negligent, and the plaintiff was awarded a small award.
Environmental Exposure
Railroad workers are exposed a variety of environmental chemicals. Based on the kind of work they do this exposure can cause health issues of a variety which include multiple myeloma. Contact Parker Waichman if you or someone in your family has been diagnosed with myeloma due to working on railways.
In a recent case, a railroad employee was awarded $7.5 million by a jury after being diagnosed with acute myeloid leukemia and myelodysplastic Disorder (MDS). lawsuits against union pacific railroad filed a lawsuit against two major railroads in the claim that their exposure to asbestos and diesel exhaust caused his health issues.
The railroads filed an appeal for summary judgment arguing that, at the time of the plaintiff's diagnosis he was aware of all the facts and causes of his injury. The court sided with the railroads and granted their motion concluding the plaintiff had not made a reasonable inquiry to determine if his condition was due to his railroad work.
The plaintiff presented expert testimony in the trial of an industrial hygienist, as well as epidemiologists. The experts claimed that Harris's myeloma resulted of his exposure to diesel exhaust. The expert witness provided numerous studies to support this claim. These studies showed the connection between diesel exhaust and certain types of cancer. No reputable scientist, however has ever claimed that diesel exhaust is the cause of multiple myeloma.